SHRI SHAILESHBHAI BHA vs. ANGBHAI CHAVDA,BHAVNAGARVS.THE ITO, WARD-1 (4), , BHAVNAGAR
What did the Tribunal hold?
The ITAT noted that the assessee had filed the appeal inadvertently and that the ITAT Ahmedabad Bench had already adjudicated the matter in a separate appeal. Therefore, the ITAT found no reason to proceed with the current appeal.
What were the facts?
The assessee filed an appeal for Assessment Year 2012-13 against an order of CIT(A) which arose from an order of the Assessing Officer. The assessee later informed the bench that the appeal was inadvertently filed before the ITAT Rajkot Bench, as the correct jurisdiction lies with the ITAT Ahmedabad Bench.
What were the issues?
Whether the appeal was correctly filed before the ITAT Rajkot Bench, or if it was inadvertently filed, given that the matter was already adjudicated by the ITAT Ahmedabad Bench.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT
Before: DR. ARJUN LAL SAINI & SHRI DINESH MOHAN SINHA
आदेश/Order Per Dr. Arjun Lal Saini, A.M Captioned appeal filed by assessee pertaining to Assessment Year 2012-13, are directed against order passed by Commissioner of Income Tax (Appeal), Order dated 18/12/2023, which in turn arises out of an order passed by Assessing Officer dated 26/12/2019 u/s 143(3) r.w.s. 147 of The Income Tax Act, 1961.
The assessee by way of letter dated 13/12/2024 informs the Bench that the said appeal inadvertenly filed before ITAT, Rajkot Bench. However, correct jurisdiction lies with ITAT, Ahmedabad Bench. Assessee filed an appeal before the ITAT Ahmedabad Bench vide ITA-248/AHD/2024, which was disposed on 03/07/2024.The assessee submitted the copy of order dated 03/07/2024 and requested the bench to dismiss the appeal.
ITA-78/RJT/2024 (AY-2012-13) Shaileshbhai Chavda Vs. ITO Ward-1 Gandhidham.
On the other hand, the Ld. Sr. DR for the revenue does not have any objection, if the assessee’s appeal is dismissed.
We have heard both the parties and we note that assessee had filed appeal inadvertenly before ITAT, Rajkot Bench and we note that the correct jurisdiction lies with ITAT Ahmedabad Bench. Since, ITAT Ahmedabad Bench has already adjudicated the appeal of the assessee in ITA-248/AHD/2024. Therefore the present appeal of the assessee is dismissed.
In view of the above, ITA-78/RJT/2024 is dismissed as withdrawn.
Order is pronounced in the open court on 27/01/2025
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
Recent GST High Court judgments
Search GST case law →- Dillip Kumar Behera vs. The Assistant Commissioner Of State Tax, Mayurbhanj CircleOrissa · 15 Oct 2026
- Tvl.Dev Construction vs. The Proper OfficerMadras · 15 Oct 2026
- Abbal Dass Arya vs. Commissioner State Goods And Services Tax CommissionerUttarakhand · 15 Oct 2026
- M/S Darbesh Medical Enterprise vs. State Of West Bengal And Ors.Calcutta · 15 Oct 2026
- Arun Aloysius Barnes vs. Assistant Commissioner Of Commercial TaxesKarnataka · 14 Oct 2026